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MARTIN v. TAMAKI

No. 76-3744.

607 F.2d 307 (1979)

David R. MARTIN, Plaintiff-Appellant, v. Carl M. TAMAKI, General Manager of the Department of Water and Power for the City of Los Angeles, Robert V. Phillips, General Manager of the Department of Water and Power for the City of Los Angeles, Burton Gindler, Herbert Ward, Michael Glazer, George Kennedy, Patricia Nagle, William T. King, Jack L. Maloney, and Does I to V, Members of the Board of Department of Water and Power Commissioners of the Department of Water and Power of the City of Los Angeles, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 29, 1979.

Attorney(s) appearing for the Case

Clifford B. Scherer, Scherer & Lazarus, Encino, Cal., for plaintiff-appellant.

Burt Pines and David J. Oliphant, Water & Power, Los Angeles, Cal., for defendants-appellees.

Before CHAMBERS and TANG, Circuit Judges, and TURRENTINE, District Judge.

TANG, Circuit Judge:

At age 65, David Martin was retired as an employee of the Los Angeles Department of Water and Power ("DWP"). He filed an action under 42 U.S.C. § 1983 charging that the city ordinance that authorized his mandatory retirement denied him his right to equal protection and, in allowing the DWP general manager to retain certain employees past the retirement age, constituted an unlawful delegation of authority. The district court granted the defendants...

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